be the 100% electric nissan leaf. with over 200 million gas-free miles driven and automatic hov lane access, the question isn't "why electric?" it's "why gas?" [ male announcer ] the 100% electric nissan leaf. nissan. innovation that excites. now get a 2013 nissan leaf for $199 a month. ♪ >> live from the kgo-tv broadcast center this is abc7 news. >> we have done everything with can to cooperate with police to make sure students are safe on campus. >> officials rushed to reassure concerned parents and students after the arrest of a math teacher. thanks for joining us. >> santa clara police say the teacher is accused of having unlawful sex with a minor. the 32-year-old was arrested yesterday. santa clara high school sent out an e-mail to parents.

our reporter joins us from the school. matt? >> santa clara high school students are in class right now and in the past 15 minutes i confirmed with police that so far there is only one alleged victim if this case. classes did not start until 10:00, a scheduled teacher's meeting allowed faculty to get on the same page as one of their own was arrested on unlawful sex with a minor. >> we agree and think the safety of our children has to be paramount and so it is important and appropriate we separate him from the students. >> the 32-year-old math teacher was placed on compulsory leave of absence and nope as mr. cortez on campus. the principal says they received a tip on monday and immediately contacted police from the district level. he was not allowed to teach on tuesday and was arrested that afternoon. >> it is a tragic event. this was a teacher who has been

very popular for several years both with staff and students. it will be very hard. >> mr. cortez was arrested and she said, mom i cannot believe it. >> the crisis management team is on campus and counselors are in all of his classes. parents were sent an e-mail from the principal and the superintendent informing them of the arrest. >> there have fought been problems at the school. my daughter likes it. everything seems to run smoothly and i feel he is safe. >> as a dad i have kids, feeling of leaving my daughters at school but they have to go to school...but it is shocking. it is sad. >> one thought mr. cortez was innocent and he will get his day in court and is schedule to be arraigned tomorrow. reporting live in santa clara for abc7 news. >> matt, thank you, a woman was

hit by a pickup truck in chinatown this morning at 8:40 at 9th and alice street and suffered very serious injuries that appear she was in the crosswalk when the truck hit her. our media partner reports that the victim is believed to be in her 70's and the driver did remain at the scene. oakland police are investigating. >> bart and the two big of the labor unions are meeting today trying to reach a new contract. both sides admit they have made little progress. bart employees could strike again when a cooling-off period expires october 10. bart officials are work on plans to move thousands of commuters in case that happens. that includes chartering 200 buses to transport stranded riders. the bart managers may operate trains and the transportation planners may extend car pool hours to around-the-clock on 880 and 680 along the bart corridor in the east bay. >> several transportation officials are investigating whether asiana airlines met the legal requirement to help the families of passengers involved in the asiana crash at san

francisco international airport. it is the first investigation of its kind since congress created that law in knew to's the national transportation safety board staff raised concerns that requirements were not being met. under united states law asiana airlines was required to provide services to family members of the 291 passengers including properly posting a toll free number to help gather and distribute information and provide transportation and lodging. >> in the past hour, the not took a first vote on a stopgap spending bill to prevent a government shut down. the heated battle over president obama's health care law comes after a record breaking republic speech that includes mentions of dr. seuss. abc7 news reporter katie marzullo is in the newsroom. katie? >> strange stuff but we know the test vote just passed 100-0. how can that be? it is complicated. senators who oppose it had to vote yes for procedural reasons. yesterday at this time the tea

party senator embarked to protest what was the inof thible. he had control of the senate floor for almost an entire day. >> because obamacare is a nightmare. >> republican senator cruz of texas talking about the fact for 24 hours. except if note alex exceptions. >> do you like green eggs and ham? as i do not like greek eggs and ham. >> finally, senator cruz went silence. >> the only path to oppose obamacare is to stabbed together and i ask for my friends on the democratic aisle to listen. >> the hour of noon having arrived pursuant to the order. [ applause ] >> senate majority leader harry reid put to a first vote a bill that funds the government if another three months. a bill that restores funding for robe's health care law. senator cruz delayed the vote

long enough to increase the chance of a government shut down next week but it did not derail the affordable care act. rebound is pushing ahead pairing off with bill clinton and hillary clinton and getting the public foe money when the uninsured can shop for health plans. >> we want to make sure everyone in every category, every age group, understands why health insurance is important. >> the republican leadership did not support the cruz crusade but the delay now gives the house less time to craft an alternative that undoes only parts of the law. >> governor brown is expected to sign a bill raising the state minimum wage in oakland after already signing it if los angeles this morning. he is scheduled to sign the bill an hour from now racing the minimum wage to $9 next july and to $10 an hour in john of 2016.

currently, the state minimum wage is $8 an hour. >> massive group of racing fans are gathering on the bay for one of history's most exciting finishes in sports. team oracle u.s.a. is on verge of achieving the ultimate come back, abc7 news reporter amy hollyfield is at america's cup village. amy? >> kristen, they have the home field advantage and new zealand just arrived and they industrial through here to some cheers, but look what is waiting for team oracle u.s.a. when they get here: they will walk on the red carpet lined with fans. one called them "the miracle team." organizers say the day's set up is everything you want in a sporting competition. >> fans started lining up a couple of hours before the gates opened. many of them say they are playing hooky from work or school to be here. >> today is the day. it is winner take all. this is the day we have been

waiting for and we have been coming to the races since last summer. we have been up here about nine times or so. >> this is the day the america's cup stays in america if oracle team u.s.a. wins or it goes to new zealand if they win. this showdown is adding to the enthuse a of the final race. team oracle u.s.a. was not supposed to be a contender trailing 8-1 at one point the now the major is tied. this is now more than just a race. >> watching oracle fight back, this is just an inspiration to us all and sometimes it is easy to give up and he showed up, you shouldn't do that. >> margaret is so inspired bit america's cup she started taking sailing lessons and now understands what the teams are up against. >> they have to keep riding around and it is hard because they have to know the course and there is no -- the only markers are for the finish line and the

start. >> she and her mother are predicting a big win for the usa. >> oracle has, i think, the advantage because of the moment u is on their side. something happened to new zealand and they made some mistakes yesterday. >> she is pulling for usa and it is down to the 20-some odd minutes, 11 guys on each boat starting at 1:15. the organizers point out this is the first america's cup to take place right on city shores, where you can get an upclose view of it. usually is to take a boat to the racecourse so they say you can get away for today, you might want to take advantage of this opportunity and come down here and watch. >> it is a once-in-a-lifetime opportunity. is the race going to set sailor is the wind going to delay it? mike nicco is up on the roof testing the wind. >> good morning, everyone. it is an interesting question because in our area right here the winds are much wider than yesterday and as i look toward

the boats, the winds barely existing with the flags quiet. elsewhere, though, the wins are gusting to 22 at sfo and 18 at novato and they will pick up any moment now from the west rather that the northwest like yesterday at 15- to 20-knots. here is the forecast: 1:00 o'clock, we are looking at point reyes and san francisco and the wednesday come down to the coast to make the left turn through the golden gate bridge and you can see we are gusting exceedingly fast by 6:00 and 8:00, and as we head to the overnight hours we will stop worrying about the cold wind and worry about the wind around fairfield so i don't think winds are an issue. >> thanks, mike. coming up, in time for lunch, what we spend eating out and who is more likely to brown bag it. >> confession from a northern california priest that forced him to resign. >> plus, an elderly san francisco couple's all day fight to stay in the apartment they call home.

>> an elderly couple in san francisco is at the center of an eviction fight. the family lives in a rent controlled apartment and their building was sold and the owner has legally relocated all of the other tenants but they are appealing the eviction saying they have been unable to find other affordable housing and an all day protest is under way to

point out the lack of affordable housing in san francisco. >> roman catholic priest resigned after say he is the father of an unborn child. he made the announcement during mass at st. mary's church this past week. he said he talked openly about what is going on because he didn't want people guessing. the church forbids priest from marrying or having children. >> i believe in my life i'm just accepting a reality that has been part of the -- from the beginning but whatever the case our ministers and priests under attack from the devil and our own weakness. >> he says that the clutch would be better off if priests were allowed to marry. he has not revealed the mother or whether he will marry her. >> our meteorologist, mike nicco, will be back with the forecast in a moment. >> are you hungry for lunch

already? add up how much americans spen

>> covering santa clara, san francisco, east bay, and all the bay area, this is abc7 news. >> three bay area scientists are among two dozen around the country who have been chosen for the genius grant. a physicist at lawrence berkeley national laboratory who rescues ancient recordings including the oldest recording of a human voice dating back to 1860 and

two stanford professors study effects of climate change. >> just in time for lunch, a new survey is putting a dollar figure on how much we spend for lunch. americans go out to eat for luncheon average twice a week and spend $10 each time adding up to $18 a week and $900 a year. men outspend women for lunch, $more on lunch each week and they are more likely to eat out. they do not like to make their own the. >> i try to pack something if i can, right? >> it is cheaper. >> now our meteorologist, mike nicco, enjoying lemonade, maybe? >> where are the kids when you need them with the lemonade stand? it is beautiful up here.

the winds at the exploritorium, the flag is limp. they are faster over the water so i don't see an issue going forward. we will look at live doppler 7 hd and you are going to see a rather quiet radar. in fact, a radar that is not full of cloud cover. it is very dry in the atmosphere today and with that breeze coming off the ocean, though, it is still a cool breeze and the temperatures if you are headed out for lunch, mainly in the mid-to-upper 60's and the cool spot is san francisco and half moon bay at 61 degrees. this is how it looks at the golden gate bridge, picture-esque postcard perfect, get the cameras ready, there will be a lot of great pictures today. now, what will happen as far as today's forecast, we are going do have breezy conditions and temperatures are cooler-than-average and fire danger develops tonight and by the weekend, it will be calmer and warmer. we are looking back at the bay

bridge into san francisco and you can see the sutro tower in the background and twin peaks is clean air, with temperatures six to 11 degrees cooler-than-average and san francisco is 72 as warm as it gets any time of the year and you are only 65. half moon bay is 63. and upper 60's in richmond and san mateo and low-to-mid 70's for anyone else. the wet weather is in lake county and mendocino. grab a coat for the game starting at 61 and dropping to 67 but risk at at&t park. sheltered areas fall to the 40's and most of us in the low-to-mid 50's and cooler than it was this morning. here is the reason: you can see the area of low pressure which is a secondary push of cool air, cool and breezy air. as the high starts to move inland up around washington and oregon, watch as the offshore flow develops and it is the offshore flow that is going to

develop tonight at about 1:00 through about 3:00 friday afternoon and that is why we have the high fire danger up in the north bay mountains, east bay hills and mt. diablo range. if you headed to the game, sunshine and temperatures in the low-to-mid 80's in st. louis which is well above average. here is our seven-day forecast, temperatures are below average tomorrow, and we will warm up friday and saturdays sundays monday, and tuesday, calm and very mild for this time of the year. wins are not a big issue but they will be at the manage's cup and they will get faster but they will get that all deciding the last race in. >> thank you. are you ready? 49ers day on abc7 news is almost here. well carry the nfl broadcast of the 49ers and the rams game tomorrow with the coverage beginning at 4:00 with special context at abc7news.com, facebook and on twitter.

49ers great jerry rice take over at 4:30 with a pre-game slow and after the game, as well, when it ends in stimulus. >> coming up, a real nailbiter: who wants to be a millionaire contestants can get into the history books. >> at 3:00 on katie, fantasy versus reality, with

>> check out this ferris wheel, it is on treasure island right now because there will be one huge party in the middle of the bay tonight. thousands taking part in oracle open world at mascone center will attend whether america wins the mc's kip race. there will be a concert by maroon 5. >> here is a look at the prime timelineup: at 8:00 "the middle," and then "back in the game," and "modern family," and then "nashville." >> remember you do not have to miss a moment because you can see abc7 news on computer, tablet or smartphone with more information at abc7news.com.

>> at 4:00, the f.b.i. has just released dramatics video of the gunman in the deadly shooting at washington, dc navy yard with new details. at 5:00, caffeine and your teen the how much is too much? before we go we want to tell you about a woman would has a chance to win $million in a few minutes. >> she is the first contestant this season to reach the million dollar question on abc7 news "who wants to be a millionaire." she hopes to be the second woman ever to win the grand prize. >> we hope she does it, it happens to be the first season for millionaire being hosted by cedric. >> she has to do it for her students who are pulling for her.

>> whoa! hey! hey! hey! what's up, man? what up, baby? what up, y'all? hey, buddy. ah, hi, sweetheart. >> how you been, cedric? >> good. good. yeah. hello and welcome to millionaire. today's returning contestant is a newlywed who says the road to landing her prince charming was not an easy one. from brooklyn, new york, give it up for josina reaves. what's up? [cheers and applause] so--so, you know, getting your prince charming was hard. you--what happened? tell me this story. i am the worst flirt in the world. i once flirted with a guy in a bookstore, and i tried to do